Proposed Regulations

Notice of Hearing on Proposed New Regulation

The Kansas Department of Health and Environment (KDHE) is proposing a new regulation, K.A.R. 28-4-133, Reporting critical incidents. This proposed regulation applies to day care homes, group day care homes, child care centers and preschools. The proposed regulation requires that parents be notified immediately in the case of a critical incident, expanding the existing notification requirements in K.A.R. 28-4-127(e)(2) pertaining to illnesses and injuries. It includes a list of critical incidents such as fires, vehicle collision, missing child, injuries requiring medical attention or death of a child. It also includes a requirement that a written report of each critical incident be submitted by the next working day to KDHE.

The proposed regulation will enable KDHE to meet a Federal requirement of the Child Care Development Grant Act of 2014 (Pub. L. 113-186). The Child Care Development Fund (CCDF) block grant Final Rule, 45 CFR §98.33, pertaining to consumer education, requires states to provide parents and the public online access to information concerning the aggregate number of serious injuries and deaths in licensed facilities through a consumer website. This is consistent with K.S.A. 65-534, which requires KDHE to maintain an online information dissemination system accessible to the public. Consumer education, including web-based access to information, is an important tool to help parents make informed child care choices. Additionally, KDHE will be able collect data and track incidents of critical events in a consistent manner, statewide. Sound public policy planning in respect to health and safety in regulated care settings starts with the collection of data. The proposed regulation aligns with an existing regulation for school age programs for children and youth, K.A.R. 28-4-592(g), and will provide data to evaluate the scope and severity of critical incidents in licensed facilities.

The proposed regulation is available for public comment. Interested individuals may submit written comments by email, letter or fax to the contact person listed below. All written comments must be received by prior to 5:00 p.m. Wednesday, August 22, 2018. In addition, a public hearing will be held at 10:00 a.m. Thursday, October 31, 2019 in Room 530, Curtis State Office Building, 1000 SW Jackson Street, Topeka KS to receive written and verbal comments.

Amber Sellers,
Kansas Department of Health and Environment
1000 SW Jackson St., Suite 200
Topeka, KS 66612-1274
Phone: 785-296-8238
Fax:  785-559-4244